Securities Litigation Attorney for Iowa and Nebraska


Gail E. Boliver serves the legal needs of individuals and organizations throughout Iowa and Nebraska. Our main office is located in Marshalltown, Iowa. We have two additional offices in Grinnell, Iowa, and Omaha, Nebraska.

Mr. Boliver brings diverse legal skills and professional backgrounds to the areas of securities litigation and arbitration to meet the legal challenges of our clients. Regardless of your needs, we can help you achieve the best possible results. Contact us for a consultation by calling 641-752-7757 in Iowa or 402-392-0107 in Nebraska
 

Securities Litigation

When individual and institutional investors trust financial professionals with their portfolios, they trust them with the very security of their financial futures. When this trust is betrayed, it can be painful and outright devastating. The best way to gain compensation for the loss is to talk with a lawyer about the securities and investments issue.

The Boliver Law Firm represents investors against financial professionals who have betrayed their trust. If your portfolio or your institution’s portfolio has been mismanaged, contact the Boliver Law Firm. With a main law office in Marshalltown, Iowa, and two additional offices in Grinnell, Iowa, and Omaha, Nebraska, we have a longstanding presence handling securities litigation and arbitration cases in Iowa and Nebraska.

Note: Not everyone who has lost money through investments is the victim of securities malpractice. It is important to talk with an attorney if you think something is wrong. Contact the Marshalltown securities arbitration lawyer at the Boliver Law Firm by phone at 641-752-7757 in Iowa or 402-392-0107 in Nebraska.

Experienced and Successful Securities Lawyer

At the Boliver Law Firm, we have a deep understanding of the complexities of securities law, and have recovered compensation for investors through FINRA arbitrations, settlements, and state and federal district court litigation, including the Iowa Supreme Court and the Nebraska Supreme Court. Experience has taught us that stockbroker misconduct takes many forms:
  • Creating unsuitable portfolios for investors
  • Fraud or misrepresentation
  • Churning (buying and selling investments in a portfolio on an excessive basis to generate fees)
  • Failure to supervise a broker or a portfolio
  • Lack of diversification or over concentration
  • Failure to use due care or broker negligence
  • Breach of fiduciary duties
  • Misrepresenting financial products

We aggressively pursue claims of stockbroker misconduct, stockbroker malpractice, securities and investor fraud, and other forms of negligence committed by stockbrokers, certified financial planners, and registered investment advisors.

Securities Arbitration

Gail E. Boliver is a member of the Public Investors Arbitration Bar Association (PIABA), an organization of attorneys representing investors in disputes with the securities industry. Mr. Boliver is an experienced securities attorney who has written articles in the PIABA Bar Journal and other publications.

Recognized as one of the most experienced securities and investment attorneys in the state of Nebraska, he has in-depth knowledge of the rules of law and policies that affect investors in disputes with stockbrokers and other financial professionals. Using this knowledge, he strives to help clients obtain the best possible results in securities arbitrations.

FINRA - The Financial Industry Regulatory Authority

When investors open an account with a stockbroker or other financial professional, most sign an arbitration clause. The clause mandates that all securities disputes be resolved through FINRA arbitrations.

Unfortunately, arbitration can be an uphill battle for investors because it is supported by the finance industry. FINRA operates the largest dispute resolution forum in the securities industry, resolving disputes between investors, securities firms, and individual stockbrokers. Depending on the amount of money in dispute, arbitrations are resolved by one or three arbitrators. If the amount in dispute is more than $100,000, one of the three arbitrators must be a representative of the securities industry.
 

Securities Arbitration

Iowa Hedge Fund Fraud and Securities Misconduct Lawyers

Do you believe your investment portfolio was mismanaged? Did you lose money because a stock broker or financial adviser gave you false and misleading information or committed investor fraud?

At the Boliver Law Firm, we place great emphasis on providing knowledgeable and dedicated advocacy to investors whose financial advisors betrayed their trust. We have a deep understanding of the complexities of securities law, and we use this knowledge to help clients obtain the best possible results. While this may require going to court, we often can save clients time and cost by resolving securities fraud cases through alternative forms of dispute resolution, such as FINRA arbitrations and mediations.

What Is Arbitration?

Securities arbitration is a form of alternative dispute resolution. Instead of your case being heard by a judge or jury in court, it is heard by a panel of one to three arbitrators. The arbitrators will hear all the evidence and render a decision.

In 1987, in Shearson v. McMahon, the U.S. Supreme Court held that agreements to submit securities disputes to arbitration were enforceable under the Federal Arbitration Act. Today, disputes between consumers and broker-dealers are largely resolved in arbitration rather than in courts. Arbitration for these disputes is overseen by a self-regulatory organization, such as the Financial Industry Regulatory Authority (FINRA). The securities arbitration attorney at the Boliver Law Firm can review your situation and explain arbitration procedures to you.

Rules Regarding Arbitration Clauses

The Financial Industry Regulatory Authority and other self-regulatory organizations have rules requiring that agreements between customers and broker-dealers that include arbitration clauses include introductory language before the arbitration clause. The introductory language should state that:

  • The customer is waving the right to seek remedies in court
  • Arbitration is final
  • Discovery is more limited than in court proceedings
  • The award is not required to include factual findings and legal reasoning
  • The arbitration panel will include a minority of arbitrators who are associated with the securities industry

This disclosure must be in distinguishable type and in outline form so it is clear to the reader. Before the signature line, there must be a highlighted statement that the agreement contains a pre-dispute arbitration clause. A copy of the agreement must be given to the customer, who must acknowledge receipt of it.

Financial Industry Regulatory Authority (FINRA)

Financial Industry Regulatory Authority was created by consolidating the National Association of Securities Dealers (NASD) and the New York Stock Exchange's member regulation, enforcement and arbitration operations. The consolidation became effective on July 30, 2007.

The FINRA is dedicated to protecting investors and the integrity of the market. The organization provides information and education for investors. It also provides trade reporting.

The Financial Regulatory Authority conducts regulatory oversight of more than 5000 securities firms and 666,000 registered representatives. The organization is in charge of rule writing, enforcement of those rules and the securities laws, firm examination, and arbitration and mediation. It oversees the arbitration between customers and member firms in cases involving securities claims, such as unauthorized trading, churning, failure to supervise, breach of fiduciary duty, misrepresentation and broker negligence. The FINRA also provides arbitration services in cases between associated persons employed by member firms and their employers and between member firms.

In addition, FINRA handles all tasks that were previously the responsibility of NASD, including market regulation under contract for NASDAQ, the American Stock Exchange, the International Securities Exchange and the Chicago Climate Exchange.

FINRA arbitration is governed by the Code of Arbitration Procedure (the "Code"). The Code was recently revised to include additional rules and better organization, and the Revised Code applies to all claims filed on or after April 16, 2007. The Revised Code details discovery procedures for customer and member firm disputes and discovery sanctions. Under the Revised Code, the parties must comply with "Document Production Lists" from the organization's Discovery Guide, which identify documents that are presumed to be discoverable for certain claims. The Revised Code also modifies the exchange of documents the parties must undertake 20 days before the hearing. In this "Twenty-Day Exchange," the parties must produce documents they intend to use at the hearing that have not been produced yet and identify all witnesses. The Revised Code also contains provisions related to amended pleadings and selecting arbitrators.

Securities Resources